SG Tushar Mehta and Kapil Sibal meet with CJI DY Chandrachud regarding the Senior Designation procedure going forward.
The discussion with the CJI took place on August 13, one day before the top court named a new group of senior attorneys in a full court session.
Chief Justice of India (CJI) DY Chandrachud recently met with Solicitor General of India Tushar Mehta and President of the Supreme Court Bar Association Kapil Sibal to discuss the procedure the top court is using to designate attorneys as Senior Advocates in light of the Indira Jaising ruling.
Bar & Bench has learned that the CJI was asked to review the Indira Jaising ruling in order to make future appointments.
Sibal opted not to comment, while SG Mehta affirmed the same.
On August 13, one day prior to the top court’s full court meeting in which 39 attorneys were named Senior Advocates, the CJI meeting took place.
68 advocates-on-record (AoRs) out of 138 lawyers had applied for the senior gown. This list was whittled down to 39 people, who were given the gown, after 71 were selected for interviews.
The discussion did not cover this list of attorneys or those who are currently being considered for senior status.
Instead, CJI Chandrachud was asked to investigate whether the Court may review the Indira Jaising ruling from 2017 on senior designations for appointments in the future.
In that ruling, the highest court had decided that, following the invitation for applications and the distribution of marks according to certain predetermined standards, a five-person permanent committee led by the Chief Justice should be established in order to shortlist applicants. Comparable rules were released for the nation’s twenty-four High Courts.
The CJI was also asked to review Justice Sanjay Kishan Kaul’s May 2023 ruling, which concluded that the court’s use of “secret voting” ought to be the exception rather than the rule.
On August 13, SG Mehta and SCBA President Sibal met with the CJI together.
SG Mehta stated that during this discussion, it was urged that the Indira Jaising judgment be reviewed when approached by Bar & Bench.
It was mentioned that it might not be proper to force a lawyer to apply for a designation as a Senior Advocate because it is an honor bestowed for their accomplishments.
SG Tushar Mehta, Kapil Sibal meet CJI DY Chandrachud over Senior designation process
— Bar and Bench (@barandbench) August 21, 2024
report by @DebayonRoy https://t.co/fOIhdq27b6
It was generally thought that the Court may develop a methodology and that it might involve getting advice from a group of senior judges and bar members who could advise that attorneys who have made contributions to the Court and jurisprudence be given the senior designation. It was further stated that the case could only be decided by the entire court once each judge had witnessed how the suggested attorney performed.
The SG reported that during the conversation, the CJI was exceedingly kind and open.
It was also made clear that no revisions were suggested for the list of applicants presently being considered, merely a future course of action. If the new regime materializes, it will only apply to designations made in the future.
Since these are private affairs, SG Mehta declined to provide any additional information.
He did, however, add that the CJI was open to hearing the general concerns expressed about future improvements to the senior designation system.
Mehta emphasized further that the purpose of the meeting with the CJI was to ask him to review the entire process rather than to ask for the gown to be given to a specific individual.
“It was not to request designation of A or B, but senior designation in its entirety,” he stated.
Sibal opted not to respond.
“These are confidential meetings and I would not like to speak about it at all,” he stated.
The recent appointments, which were made in accordance with the rules established in the Indira Jaising case, generated a good deal of controversy. Some attorneys objected to the fact that worthy candidates had not even been shortlisted for interviews.
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